Imprisonment or incarceration is the restraint of a person's liberty for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is considered "
false imprisonment". Imprisonment does not necessarily imply a place of confinement with bolts and bars, but may be exercised by any use or display of force (such as placing one in
handcuffs
Handcuffs are Physical restraint, restraint devices designed to secure an individual's wrists in proximity to each other. They comprise two parts, linked together by a Link chain, chain, a hinge, or rigid bar. Each cuff has a rotating arm whi ...
), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply actual confinement against one's will in a
prison
A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where Prisoner, people are Imprisonment, imprisoned under the authority of the State (polity), state ...
employed for the purpose according to the provisions of the law. Generally
gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females.
History
Africa
Before colonisation, imprisonment was used in sub-Saharan Africa for pre-trial detention, to secure compensation and as a last resort but not generally as punishment, except in the Songhai Empire (1464–1591) and in connection with the slave trade.
In the colonial period, imprisonment provided a source of labor and a means of suppression.
The use of imprisonment has continued to the present day.
Australia
Incarceration in what became known as
Australia
Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
was introduced through
colonization
475px, Map of the year each country achieved List of sovereign states by date of formation, independence.
Colonization (British English: colonisation) is a process of establishing occupation of or control over foreign territories or peoples f ...
. As noted by scholar Thalia Anthony, the Australian
settler colonial state has engaged in carceral tactics of containment and segregation against
Aboriginal Australians
Aboriginal Australians are the various indigenous peoples of the Mainland Australia, Australian mainland and many of its islands, excluding the ethnically distinct people of the Torres Strait Islands.
Humans first migrated to Australia (co ...
since colonizers first arrived, "whether that be for
Christian
A Christian () is a person who follows or adheres to Christianity, a Monotheism, monotheistic Abrahamic religion based on the life and teachings of Jesus in Christianity, Jesus Christ. Christians form the largest religious community in the wo ...
,
civilizing, protectionist, welfare, or penal purposes." When
settler
A settler or a colonist is a person who establishes or joins a permanent presence that is separate to existing communities. The entity that a settler establishes is a Human settlement, settlement. A settler is called a pioneer if they are among ...
s arrived, they invented courts and passed laws without consent of Indigenous peoples that stated that they had
jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
over them and their lands. When Indigenous peoples challenged these laws, they were imprisoned.
England and Wales
In English law, imprisonment is the restraint of a person's
liberty
Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional ...
. The 17th century book
Termes de la Ley contains the following definition:
Imprisonment without lawful cause is a
tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
called
false imprisonment.
In England and Wales, a much larger proportion of the black population is imprisoned than of the white.
Release
When a prisoner completes serving their sentence, starts probation, or is given a
compassionate release they are no longer considered prisoners and are released to the outside world. A
prisoner of war
A prisoner of war (POW) is a person held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold prisoners of war for a ...
may be released as a result of the end of hostilities or a
prisoner exchange
A prisoner exchange or prisoner swap is a deal between opposing sides in a conflict to release prisoners: prisoner of war, prisoners of war, spy, spies, hostages, etc. Sometimes, cadaver, dead bodies are involved in an exchange.
Geneva Conven ...
. Prisoners serving a
full life or
indefinite sentence may never be released.
Released prisoners may suffer from issues including psychiatric disorders, criminalized behaviours and access to basic needs. Some criminals, particularly criminals convicted of serious crimes (
felonies
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that ...
or
indictable offenses,) are given
restrictions after release, including bans from buying firearms or jury duty exclusion. Post release resources may be provided by the authorities. Various factors have been investigated as to their influence on post-release
recidivism
Recidivism (; from 'recurring', derived from 'again' and 'to fall') is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to Extinction (psycholo ...
, such as family and other relationships, employment, housing and ability to quit drug use.
See also
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Criminal justice
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
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Detention (imprisonment)
Detention is the process whereby a state or private citizen holds a person by removing or restricting their freedom or liberty at that time.
Detention can be due to (pending) criminal charges against the individual pursuant to a prosecution ...
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Imprisonment for public protection
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Life imprisonment
Life imprisonment is any sentence (law), sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life impr ...
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List of countries by incarceration rate
This is an alphabetical list of countries and some dependent territories and subnational areas which lays out the incarceration rate of each. Accessed Oct 22, 2024 to fully update the table. Use dropdown menu to choose lists of countries by regi ...
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Prison
A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where Prisoner, people are Imprisonment, imprisoned under the authority of the State (polity), state ...
*
Prisoner of war
A prisoner of war (POW) is a person held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold prisoners of war for a ...
*
Rehabilitation (penology)
Rehabilitation is the process of re-educating those who have committed a crime and preparing them to re-enter society. The goal is to address all of the underlying root causes of crime in order to decrease the rate of recidivism once inmates ar ...
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Restorative justice
Restorative justice is a community-based approach to justice that aims to repair the harm done to victims, offenders and communities. In doing so, restorative justice practitioners work to ensure that offenders take responsibility for their ac ...
References
External links
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